CHAPTER 399
H.P. 968 - L.D. 1314
An Act To Improve Out-of-home Abuse and Neglect Investigations
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA §4088, sub-§1, ¶D, as amended by PL 1989, c. 700, Pt. A, §90, PL 1995, c. 560, Pt. K, §82 and affected by §83 and as amended by PL 2001, c. 354, §3, is further amended to read:
D. "Out-of-home abuse and neglect" means abuse and neglect of a child which that occurs in a facility or by a person subject to licensure or inspection by this the department, the Department of Education, the Department of Corrections and or the Department of Behavioral and Developmental Services or in a facility operated by any of these departments.
Sec. 2. 22 MRSA §4088, sub-§1, ¶D-1, as enacted by PL 2001, c. 265, §2, is amended to read:
D-1. "Service Services center" means the Community Services Center established in section 6-C.
Sec. 3. 22 MRSA §4088, sub-§3, as amended by PL 2001, c. 265, §3 and c. 354, §3, is further amended to read:
3. Authority and responsibility. The team shall have has the following authority and responsibilities regarding investigation of out-of-home abuse and neglect. The team:
A. Shall receive Receives all reports of out-of-home abuse and neglect. When a report of out-of-home abuse and neglect alleges jeopardy, as defined in section 4002, to a child in a residential care facility, the team shall initiate an investigation within 72 hours or request a safety plan from the facility. When a report of alleged out-of-home abuse and neglect in a residential care facility is received, the team shall use the facility's name as the identifier;
B. Shall investigate all reports received by the department or service services center regarding alleged out-of-home abuse and neglect occurring in facilities or by persons subject to licensure pursuant to this Title;
C. Shall conduct a single investigation sufficient to determine not only if abuse or neglect has occurred but also to determine whether a licensing violation has occurred in order to protect children from further harm and establish a basis upon which to take licensing action. This procedure minimizes duplicative or redundant investigations to the extent possible in response to the same or related allegations of out-of-home abuse or neglect in facilities or by persons subject to licensure pursuant to this Title;
D. Shall coordinate and consult with the bureau or service services center staff performing general licensing functions to eliminate duplicative or redundant investigations to the extent possible and to prevent, correct or eliminate the abuse or neglect or threat of abuse or neglect in out-of-home settings;
E. Shall provide the results of the investigation to the bureau's, service center's or other department's licensing staff bureau, services center or another department for appropriate action. The team shall complete the investigation within a time frame not to exceed 6 months from the date of the initiation of the investigation, except in circumstances when the information necessary to complete the investigation is unavailable to the team;
F. Shall include relevant professionals outside the department or service center as members of the team for all investigations of residential treatment centers, group homes or day care centers mandated by this subchapter and for other child care facilities as warranted;
G. When a report alleges out-of-home abuse and neglect in facilities or by persons not subject to licensure by the department or service services center, shall immediately refer the report to the service services center or agency or department charged with the responsibility to investigate such a report or, if applicable, to the state department operating the facility;
H. With respect to reports described in paragraph G, may, on its own initiative or upon request of another department or agency charged with the responsibility to investigate, participate in the out-of-home abuse and neglect investigation of persons or facilities subject to licensure or operated by the Department of Education, the Department of Corrections or the Department of Behavioral and Developmental Services;
I. Shall refer to the office of the district attorney or office of the Attorney General, when appropriate, any case in which criminal activity is alleged and shall coordinate its investigation with that office to minimize the trauma to the children involved; and
J. Shall consult and train law enforcement personnel, advocates and others in the identification, reporting, prevention and investigation of out-of-home abuse and neglect as time allows.; and
K. Shall state in the investigative report whether the allegations of out-of-home abuse or neglect have been substantiated. If the investigative report has substantiated out-of-home abuse or neglect, the report must identify the individual, facility or individual and facility responsible.
Sec. 4. 22 MRSA §4088, sub-§8 is enacted to read:
8. Due process. Any finding of out-of-home abuse or neglect made under this section is subject to the due process requirements of the Maine Administrative Procedure Act.
Effective September 13, 2003, unless otherwise indicated.
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